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NEW YORK CONSOLIDATED LAW SERVICE
UNCONSOLIDATED LAWS
MILITARY
CHAPTER 131. DEFENSE EMERGENCY ACT
ARTICLE II. STATE DEFENSE COUNCIL
Date:
08/31/2009
Document:
ยง 12. Powers of council
Notwithstanding the provisions of any other law, but subject to the state constitution, the federal constitution and the federal statutes and regulations made pursuant to it, during the defense emergency the council shall provide (a) for unanticipated or emergency needs for the protection of the safety and health of the people of the state in event of attack, and (b) for the mobilization and efficient utilization of all the resources and facilities in the state in aid of the defense effort. Without prejudice to the generality of such powers the council may to the extent necessary or expedient for either of such purposes:
1. Make studies and surveys with respect to all activities, matters and things related thereto.
2. Cooperate with agencies established by or pursuant to laws of the United States and of the several states to promote the defense effort, and coordinate the work or activities of all state and local agencies and of all other groups having substantially similar objects and purposes.
3. Authorize cooperative relationships between agencies of the state, between such agencies and agencies of political subdivisions and between agencies of the same or different political subdivisions.
4. Restrict, regulate or implement any power or duty which by or pursuant to this act is granted to or imposed upon any agency of the state or of any political subdivision and exercise or perform itself, or restrict, regulate or require the exercise or performance of any such power or duty.
5. Require agencies of the state to act as agencies of the council, or create agencies of the council, to aid and assist in the discharge of one or more of the functions of the council and grant authority to such agencies as may be deemed necessary for the effective accomplishment of any of such functions.
6. Request and obtain such cooperation, assistance, data and personnel from any agency of the state or of any political subdivision as the council may reasonably require for the consummation of its work.
7. Consolidate, curtail or abolish offices, positions, powers, functions or duties created, performed or imposed pursuant to the authority or requirements of this act.
8. Establish programs to encourage and make effective maximum and efficient production, harvesting, processing and preservation of food and other products essential to the defense effort and efficient and proper transportation, distribution, vending and utilization thereof and to recruit, enroll, train and organize persons for such purposes.
9. When requested by the president or the congress or the head of a federal department, agency or office having duties in connection with the defense effort, or when necessary for the safety and health of the people of the state authorize labor, business or work on Sundays and legal holidays and regulate such labor, business or work to the extent necessary for the safety and health of persons employed in connection therewith and in a manner consistent so far as practicable with the needs of public worship and the quiet and repose of the community.
10. Issue or provide for the issuance for a period or periods not to exceed thirty days each of any license, permit or certificate of registration issued or which may be issued by any agency of the state or of a political subdivision thereof, and extend or vary or provide for the extension or variance for a period or periods of not to exceed thirty days each of the terms, conditions and requirements thereof; provided such license, permit or certificate shall be issued only to a person who holds in some other place or has previously held a similar license, permit or certificate or who is reasonably able to execute the authority and provisions of such license, permit or certificate without danger to the public health or safety.
11. Establish or provide for the establishment of orders of priorities for construction work by the state or by political subdivisions thereof, giving consideration to urgency of need, cost, availability of material and manpower, relation to the defense effort, the practicability of substitute structures or the use of substitute materials, the time required for construction, the probable date of completion and such other factors as may be deemed relevant by the council.
12. In the event of attack or when as a result of attack such publication is impracticable, suspend requirements of law relating to the publication of notices and prescribe substitute forms of notice.
13. Adopt and make effective rationing, freezing, price fixing, allocation or other orders or regulations imposed by the authority of the federal government in aid of the defense effort and enforce any such orders or regulations.
14. Restrict and regulate by rationing, freezing, price-fixing, allocation or otherwise, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services which are essential to the health, safety and welfare of the people of the state and which are scarce or as to which there is imminent danger of scarcity, to the extent necessary to prevent danger to the health and safety of the people of the state or to prevent substantial interference with the defense effort. In connection therewith the council may temporarily suspend provisions of law requiring the use of particular kinds of such commodities, materials, goods or services, or prohibiting substitutes therefor when such suspension is consistent with safety and health, and may take such other action as may be necessary to minimize the effect of such scarcity. No regulation or order of the council promulgated pursuant to this subdivision shall remain in effect more than ninety days unless extended by law, provided, however, that if the council or the governor shall determine that because of an attack it is impossible to assemble a quorum in each house of the legislature within such ninety day period, such a regulation or order may remain in effect in accordance with its terms, but in no event longer than thirty days after the council or the governor has determined that it is possible to assemble such quorums.
15. In the event of attack provide for the protection and preservation of property, whether publicly or privately owned, by the owner or person in control thereof or otherwise.
16. In the event of attack protect the deposits of banking organizations and maintain the banking structure of the state; maintain the business of insurance and protect the interests of holders of insurance policies and contracts and beneficiaries thereunder and the interests of the public in connection therewith.
17. In the event of attack, order the effectiveness of emergency by-laws which may have been previously adopted by a domestic corporation as hereinafter set forth, provided that such emergency by-laws shall cease to be effective when the council declares the end of the period of attack. Emergency by-laws may be adopted in the same manner as that provided for the adoption of ordinary by-laws and may contain provisions applicable only during the period of attack with respect to the number of directors who shall constitute a quorum at a meeting of the board of directors, the number of votes necessary for action by such board, the procedure for holding a special election of directors, the manner in which vacancies on the board of directors shall be filled, and the interim management of the affairs of the corporation. Emergency by-laws need not comply with the provisions of the certificate of incorporation or other certificate of such corporation filed pursuant to law or with any provision of the general corporation law, the stock corporation law, the business corporation law or the membership corporation law related to the matters specifically authorized by the immediately preceding sentence to be the subject matter of such by-laws. This subdivision, however, shall not apply to domestic corporation, which, other than insurance premium finance agencies and sales finance agencies, are formed under or licensed pursuant to the banking law or which are bank holding companies or which are insurance organizations as defined in subdivision one of section ninety-six of this act.
The council shall have power to adopt, promulgate, supplement, rescind and modify plans, regulations and orders to make effective such powers. Any such plan, regulation or order shall have the force and effect of law ten days after filing in the office of the department of state except that upon a finding by the council that an earlier effective date is necessary to the safety and health of the people of the state such a plan, regulation or order may be effective at such time after it is filed in such office as the council shall provide. Any such plan, regulation or order shall remain in effect during such period or periods of time as it shall provide. The secretary of state shall as soon as possible after any such plan, regulation or order has been so filed mail a copy thereof to the clerk of each county, town, city and village who shall keep it on file in his office during the effective period thereof but failure to mail such copy to any such clerk or the failure of any such clerk to file it shall not affect the validity of any such plan, regulation or order. The council shall make adequate provision for publication of such plans, regulations and orders, which provision may include publication in the state bulletin or periodic circulars to be issued by the department of state.
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